224 
C O R P ORATION. 
without mention of fucceffors. In a cafe of foie corpo¬ 
ration, as biihop, dean, parfon, &c. no chattel, either in 
action or porteliion, fhall go in fucceffion ; but the exe¬ 
cutors or adminiflrators of the bifhop, parfon, &c c. fliall 
have them ; but it is othenvife of a corporation aggre¬ 
gate, as a dean and chapter, mayor and commonalty, and 
the like; for they in the judgment of law never die. But 
the cafe of the chamberlain of London differs from all 
thefe ; his fucceifor, in his own name, may have execu¬ 
tion of a recognifanee acknowledged to his predecelfor 
for orphanage money; and the reafon is, becaufe the 
corporation of the chamberlain is by cuftom, which hath 
enabled the fucceifor to take and have fuch recogni¬ 
zances, obligations, See. that are made to his predecelfor. 
7 'ei'ms de Ley. 
Though a foie corporation cannot generally take in 
fucceffion goods and chattels, yet it may take a fee-fim- 
ple in fucceffion, by the word fucceffors. Co. Lit. 4 6. Ag¬ 
gregate corporations may take not only goods and chat¬ 
tels, but lands in fee-fimple, without the word fuccejfors, 
for the reafon before-mentioned, 4.I/1JI. 249. Succellion 
in a body politic, is an inheritance in a body private. If 
a leafe for years be made to a biihop and his fucceffors, 
it is laid his executors fliall have it in autcr droit ; for re¬ 
gularly no chattel can go in fucceffion in cafe of a foie 
corporation, no more than, if a leafe be made to a man 
and his heirs, it can go to his heirs. Co. Lit. 46. Grants 
of corporations are to be by deed, under their common 
feal, and are good without delivery ; for the common 
feal gives perfection to corporation deeds. Dav. 44. An 
obligation fealed with the common feal of a corporation, 
if the mayor figns it, he is Liable, if the corporation be 
dilfolved; but if two of the members fign it, the particu¬ 
lar perfons are not bound by it. Rayvn. 152. A releafe of a 
mavof for any fum of money due to the corporation made 
in his own name, is not good in law ; the corporation mult 
join and do it by their common feal. Terms de Ley. 
A corporation which hath a head, may make a perfon- 
al command without writing ; but a corporation aggre¬ 
gate without a head cannot. Lutzu. 1497. A corporation 
aggregate may employ any one in ordinary fervices, with¬ 
out deed; though not to appear for them, in any aft 
which concerns their interelt or title. 1 Vcntr. 47. Such a 
corporation may appoint a bailiff to take a diftrefs, with¬ 
out deed or warrant. 1 Salk. 191. But cannot without 
deed command a bailiff to enter into lands for a condi¬ 
tion broken; for fuch command without deed is void. 
Cro. 815. Though a corporation cannot do an aft in pais 
without their common feal, they may do an aft upon re¬ 
cord ; and the reafon is, becaufe they are eftopped by the 
record to fay it is not their aft. 1 Salk. 192. A promife 
to a corporation is good without deed. 2 Lev. 252. The 
head of a corporation aggregate may not be charged with 
the aft ot his predecelfor, if it be not by common feal, 
or for fuch things as come to the ufe of the whole body 
or fociety. 1 And. 23, 196. A corporation may do an ad! 
in that capacity, to one of themfelves in his natural 
capacity; and any member in his natural capacity may 
perform an aft to the corporation in his politic capacity ; 
and fo they may fue one another, in their dillindt capa¬ 
cities. 1 Skep. Air. 436. Trefpals for an alfault and bat¬ 
tery will not lie again!! a corporation ; but it muff be 
brought againft the perfons that do the trefpals by their 
proper names; though, if the beads of the corporation 
trefpafs on a man in his ground, aftion of trefpals lies 
again!! them for this. Procefs of outlawry will not lie 
againft a corporation; nor capias or exigent, but diftrefs. 
39Edw. III. 13. 21 Edw. IV. 
A corporation cannot fue, or appear in perfon, but by 
attorney ; they cannot commit treafon or felony, or be 
excommunicate. They may not be executors, admini- 
ftraters, joint-tenants, or truftees. Nor fliall the mem¬ 
bers of a corporation be regularly witnefles for the cor¬ 
poration. Co. Lit. 134. But they may be disfranchifed, 
and then be witnefles; though not lurrender by content. 
4 
Yet in fome cafes the judges now admit their teftimony 
without disfranchifement, where the intereft is remote. 
Attachment doth not lie againft a corporation. Raym. 152. 
Corporations may have power,, not only to infranchife 
freemen, but to disfranchife a member, and deprive him 
of his freedom, if he doth any_aft to the prejudice of the 
body, or contrary to his oath. Though for confpiring 
to do any thing contrary to his duty, or for words of 
contempt againft the chief officers, he may not be dif- 
franchifed ; but he may be committed till he find fureties 
for his good behaviour. 11 Rep. 98. A corporation can¬ 
not disfranchife for a breach of a by-law. 1 Til. 331. And 
one wrongfully disfranchifed may be reftored, and have 
his remedy by mandamus, See. in the court of king’s 
bench. An alderman or freeman of a corporation cannot 
be removed from his freedom er place without good 
caufe, and a cuftom to remove them ad libitum is void, 
becaufe the party hath a freehold therein. Cro. Jac. 540. 
A perfon may be bound to the good behaviour for words 
fpoken againft mayors, See. but he may not be indifted 
for it: and if juftices of a corporation deny to do right, 
it is a forfeiture of their exemption from the inquiry of 
the juftices of the county. Mod. Caf. 125. Head officers 
of corporations are to redrefs abitfes of merchant-ftran- 
gers, or the franchife fliall be feized. 9 Eliz. c. 3. 
No ftrangers fliall fell by retail any woollen or linen 
cloth, or mercery wares, in corporate towns, except at 
fairs, on pain of forfeiture, See. But fuch perfons may 
fell wares by wholefale, and cloth of their own making 
by retail. 1 and 2 Phil, and Mary, c. 7. Bodies politic 
eccleliaftical may make leafes for three lives or twenty- 
one years, under the reftriftions in the afts 1 Eliz. c. 19, 
13 Eliz. c. 20. If land is given in fee to a dean and chap¬ 
ter, or to a mayor and commonalty, and after fuch body 
politic or incorporate is dilfolved, the donor (lull have 
the land again, and not the lord by efeheat. Co. Lit. 31. 
The corporation of the city of London is to anfwer for 
all particular mildemeanors, which are committed in any 
of the courts of juftice within the city ; and for all other 
general mifdemeanors committed within the city; fo it is 
conceived of all other corporations. 1 Lil. Abr. 329. 
A corporation is properly an inverting the people of 
the place with the local government thereof, and there¬ 
fore their laws fliall be binding to ftrangers ; but a frater¬ 
nity is fome people of a place united together in refpeft 
of a myftery and bufinefs into a company, and their laws 
and ordinahees cannot bind ftrangers, for they have not 
a local power. Salk. 193. No mailers and wardens of any 
myftery, or other corporation, fliall make any by-laws or 
ordinances in diminution of the king’s prerogative, or 
againft the common profit of tire people ; except the 
fame be approved by the lord chancellor, or chief juf¬ 
tices, on pain of forty pounds. And inch bodies corpo¬ 
rate fhall not make any afts or ordinances for the reftrain- 
ing perfons to fue in the king’s courts for remedy, tinder 
the like penalty. 19 Hen. VII. c. 7. Ordinances made 
by corporations, to be obferved on pain of imprifonment, 
or of forfeiture of goods, are contrary to magna charta. 
2 Injl. 47, 54. But penalties may be inflifted by by-laws, 
which may be recovered by diltrefs or aftion of debt: 
and a cuftom for the lord-mayor and aldermen of Lon¬ 
don, to commit a citizen for not accepting of the livery, 
was held a good cuftom, being for the good government 
of the city. 3 Mod. 320. Corporations may nor, by bond, 
or otherwife, reftrain any apprentice from keeping (hop 
in the corporation, under the penalty of forty pounds. 
28 Hen. VIII. c. 5. 
In afts done by corporations, the confent of the major 
part fhall be binding. 33 Hen. VIII. c. 27. T his aft 
clearly vacates all private ftatutes, both prior and lubfe- 
quent to its date, which require the concurrence of more 
than a majority to give validity to any grant or eleftion. 
Blackllone (x Comm. 478.) is of opinion, that it has not 
affefted the negative given by the ftatutes to the head ot 
any fociety; but it fee ms that this opinion may be quel- 
tioned j 
